Kelsea v. Stratford
Supreme Court of New Hampshire
Case, for causing the death of the plaintiff’s intestate. Trial by jury and verdict for the plaintiff. The intestate left North Stratford in an automobile on the night of December 28, 1918, to visit a patient. The road was fairly good to the Jonah place, some four hundred feet north of where the accident happened. From there on, the middle of the road was rough and icy, but the right or westerly side of the road was free from ice and comparatively smooth.
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Case, for causing the death of the plaintiff’s intestate. Trial by jury and verdict for the plaintiff. The intestate left North Stratford in an automobile on the night of December 28, 1918, to visit a patient. The road was fairly good to the Jonah place, some four hundred feet north of where the accident happened. From there on, the middle of the road was rough and icy, but the right or westerly side of the road was free from ice and comparatively smooth. There was, however, a twenty-five foot embankment on that side of the road with nothing to prevent a traveler driving off the bank or to…
1Opinion of the CourtYoung, J.
It can be found that the intestate was traveling on a dangerous embankment defectively railed at the time he was killed. This is true whether the office of a railing is, as the plaintiff contends, to prevent travelers driving over an embankment, or as the defendants contend, to notify them of the embankment, for the railing, if we call the fence a railing, was almost ready to fall down and was not built on the top, but two feet from and one foot below the top of the bank. In other words, it can be found either that the railing was defective, or that it was so placed that it was calculated to…
2Cases cited3 opinions
- State v. KilleenSupreme Court of New Hampshire · 1919
- Parker v. New BostonSupreme Court of New Hampshire · 1918
- Richmond v. BethlehemSupreme Court of New Hampshire · 1918
3Cited by7 opinions
- State v. MannionSupreme Court of New Hampshire · 1927
- Cozzi v. HooksettSupreme Court of New Hampshire · 1931
- Hamilton v. Southern Ry. Co.Court of Appeals for the Fourth Circuit · 1947
- Norfolk & Western Railway Co. v. KelleySupreme Court of Virginia · 1930
- Bridgham v. EffinghamSupreme Court of New Hampshire · 1934
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